N.Y. CPLR § 8109

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 8109 Defendant's costs against the state § 8109. Defendant's costs against the state. (a) Action brought forbenefit of municipal corporation. Costs awarded to the defendant in anaction brought by the state for the benefit of a municipal corporationshall be awarded against the municipal corporation and not against thestate.(b) Payment of defendant's costs against the state. Where costs areawarded to the defendant and against the state in an action brought by apublic officer, and the proceedings have not been stayed, thecomptroller shall draw his warrant upon the treasurer for the payment ofthe costs out of any money in the treasury appropriated for thatpurpose, upon the production to him of an exemplified copy of thejudgment or order awarding the costs, a copy of a taxed bill of costsand a certificate of the attorney-general to the effect that the actionwas brought pursuant to law. The fees of the clerk for the exemplifiedcopy shall be certified thereupon by him and included in the warrant.